Pepper Spray....Legal in NY?
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Thread: Pepper Spray....Legal in NY?

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    Default Pepper Spray....Legal in NY?

    Looking for a little guidance here. Google search just confused the hell out of me so I'm hoping to find some answers here. I'm interested in purchasing some pepper spray for my bug out and edc bags.

    -Is pepper spray legal in New York?
    -If so, what is required from me to buy it (id, background check, etc.?)
    -If legal where can I buy some in the Buffalo/Niagara area?

    Thank you for any help that you might have.

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    Les
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    It's legal if under a certain percentage. You have to buy from a pharmacist or a gun shop that has a pistol dealer license. Bass Pro and Gander sell it around this area.
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    Quote Originally Posted by Les View Post
    It's legal if under a certain percentage. You have to buy from a pharmacist or a gun shop that has a pistol dealer license. Bass Pro and Gander sell it around this area.
    So your telling me that I should just call around to my local gun shops and see if they sell it? How about Wal-Mart? Also, what is required from me? Do they do a background check like they did when I bought a rifle?

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    Colonel Jmo371's Avatar
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    they do not do a BGC,the requirements are you may not be a felon basically..here is the text from NYS PL.

    14. Possession in accordance with the provisions of this paragraph of
    a self-defense spray device as defined herein for the protection of a
    person or property and use of such self-defense spray device under
    circumstances which would justify the use of physical force pursuant to
    article thirty-five of this chapter.
    (a) As used in this section "self-defense spray device" shall mean a
    pocket sized spray device which contains and releases a chemical or
    organic substance which is intended to produce temporary physical
    discomfort or disability through being vaporized or otherwise dispensed
    in the air or any like device containing tear gas, pepper or similar
    disabling agent.
    (b) The exemption under this paragraph shall not apply to a person
    who:
    (i) is less than eighteen years of age; or
    (ii) has been previously convicted in this state of a felony or any
    assault; or
    (iii) has been convicted of a crime outside the state of New York
    which if committed in New York would constitute a felony or any assault
    crime.
    (c) The department of health, with the cooperation of the division of
    criminal justice services and the superintendent of state police, shall
    develop standards and promulgate regulations regarding the type of
    self-defense spray device which may lawfully be purchased, possessed and
    used pursuant to this paragraph. The regulations shall include a
    requirement that every self-defense spray device which may be lawfully
    purchased, possessed or used pursuant to this paragraph have a label
    which states: "WARNING: The use of this substance or device for any
    purpose other than self-defense is a criminal offense under the law. The
    contents are dangerous - use with care. This device shall not be sold by
    anyone other than a licensed or authorized dealer. Possession of this
    device by any person under the age of eighteen or by anyone who has been
    convicted of a felony or assault is illegal. Violators may be prosecuted
    under the law."


    edit: more about the actual sale

    (b) Before delivering a self-defense spray device to any person, the
    licensed or authorized dealer shall require proof of age and a sworn
    statement on a form approved by the superintendent of state police that
    such person has not been convicted of a felony or any crime involving an
    assault. Such forms shall be forwarded to the division of state police
    at such intervals as directed by the superintendent of state police.
    Absent any such direction the forms shall be maintained on the premises
    of the vendor and shall be open at all reasonable hours for inspection
    by any peace officer or police officer, acting pursuant to his or her
    special duties. No more than two self-defense spray devices may be sold
    at any one time to a single purchaser.

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    Nyc legal level is 10%, Since Nyc law changes with the wind, please check this before you buy. I see it for sale here in queens at many local gas stations, and they don't have you sign anything. In long island, they make you sign.

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    Postmaster General Darthgamer138's Avatar
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    It has to be under a certain capsicum percentage because, come on, you don't want to hurt the rapist right?
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    Quote Originally Posted by Darthgamer138 View Post
    It has to be under a certain capsicum percentage because, come on, you don't want to hurt the rapist right?
    Yeah and the rapist only go's after 18yr old's
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    I have 2 canisters in my apartment. All I had to do was fill out this form and show license.
    One and done I always say. I said it once.

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    GeeZe now I am going to have to get some, just because. Btw I have not seen it at Walmart. I know pro gun services in victor ny has some.

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    Major aNskY's Avatar
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    I have some mace brand spray in red canisters that I got from local pharmacy. its 10% oc. They also had black canisters that IIRC was 3%.

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    Before you buy it, read some reviews. A lot of them have crappy caps or nozzles or triggers or other problems. Most are listed on Amazon, so it's a good place to read reviews.
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    Appreciate the responses. Gonna go and pick up two cans this weekend.

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    just go buy some bear repellant spray ... i'm just camping in NY ..

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    Quote Originally Posted by Degenret View Post
    Before you buy it, read some reviews. A lot of them have crappy caps or nozzles or triggers or other problems. Most are listed on Amazon, so it's a good place to read reviews.
    And try spraying them. Carefully. I carry pepper spray as part of my edc. Gets pretty beat up so about once a year I empty the one I've been carrying and replace with a new one.

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    Uzi
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    You can find it on ebay for dirt cheap. I don't feel as though I'd ever need or use it for anything, but I guess to have it isn't necessarily bad.

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    I bought a Ruger brand can for my girlfriend from master class in Monroe. It's pink lol.
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    Major RSBH44's Avatar
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    I bought this for my girls back when they became teenagers. They are now young women and still carry it with them in their purses whenever they go out.
    get some, teach them how to use it and NEVER let them leave home without it.
    UDAP Bear Spray and Pepper Spray Deterrent Produced by a Grizzly Bear Attack Survivor
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    Bought some at the LGS as said above sign the form and show your DL. Good thing my dealer knows me, he thought it was weird I wanted the pink one. Remember, it is for you if you sign the form, it is illegal to purchase it for someone else.
    Illegitimi Non Carborundum

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    Quote Originally Posted by Uzi View Post
    You can find it on ebay for dirt cheap. I don't feel as though I'd ever need or use it for anything, but I guess to have it isn't necessarily bad.
    I believe purchasing thru the mail is a no go in ny.

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    Postmaster General Darthgamer138's Avatar
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    What about buying in another state, like how we (certainly would never ) get past the SAFE ammo registry BS?
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    Quote Originally Posted by Goosegun View Post
    Bought some at the LGS as said above sign the form and show your DL. Good thing my dealer knows me, he thought it was weird I wanted the pink one. Remember, it is for you if you sign the form, it is illegal to purchase it for someone else.
    The cool one is the PINK pistol bear spray, they look similar to a boat flare gun pistol.

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    Colonel automan21's Avatar
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    Or buy Dog Halt. Its a dog repellant that we use at work. Kind of the same stuff, it opened one day in my truck and I couldn't stop coughing and tearing.

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    Got one from copes distributers for the wife some years back. No problem mailing it to me. Get the Ruger system. Only Ruger you can carry with out a full carry permit.

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    As an O.C. Instructor I can tell you that outside NYC there is NO active ingredient limitations. You can carry what L.E. carries as long as it is a "pocket sized canister."

    It has to be sold to you through an authorized dealer.

    I would suggest purchasing "stream" type spray NOT "burst" type spray as in windy conditions "burst" has a greater likelihood to blow back in your face.

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